Defense to prosecution
section 1196 of this titlesection 1192 of this titlesection 1193 of this titlesection 1193 of this titleNo person shall be subject to prosecution under for a violation of if such person (1) establishes a guaranty received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received, to the effect that reasonable and representative tests made in accordance with standards issued or amended under the provisions of show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of , and (2) has not, by further processing, affected the flammability of the fabric, related material, or product covered by the guaranty which he received. Such guaranty shall be either (1) a separate guaranty specifically designating the product, fabric, or related material guaranteed, in which case it may be on the invoice or other paper relating to such product, fabric, or related material; (2) a continuing guaranty given by seller to buyer applicable to any product, fabric, or related material sold or to be sold to buyer by seller in a form as the Commission by rules and regulations may prescribe; or (3) a continuing guaranty filed with the Commission applicable to any product, fabric, or related material handled by a guarantor, in such form as the Commission by rules or regulations may prescribe.
False guaranty
15 U.S.C. 41It shall be unlawful for any person to furnish, with respect to any product, fabric, or related material, a false guaranty (except a person relying upon a guaranty to the same effect received in good faith signed by and containing the name and address of the person by whom the product, fabric, or related material guaranteed was manufactured or from whom it was received) with reason to believe the product, fabric, or related material falsely guaranteed may be introduced, sold, or transported in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act [ et seq.].
June 30, 1953, ch. 164, § 867 Stat. 114Pub. L. 90–189, § 681 Stat. 572(, ; , , .)
Editorial Notes
References in Text
act Sept. 26, 1914, ch. 31138 Stat. 717section 58 of this titleThe Federal Trade Commission Act, referred to in subsec. (b), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 90–189section 1193 of this titlesection 1193 of this titlesection 1193 of this titlesection 1193 of this title1967—Subsec. (a). substituted “product, fabric, or related material” for “wearing apparel or fabric” wherever appearing and “in accordance with standards issued or amended under the provisions of show that the fabric or related material covered by the guaranty, or used in the product covered by the guaranty, conforms with applicable flammability standards issued or amended under the provisions of ” for “under the procedures provided in show that the fabric covered by the guaranty, or used in the wearing apparel covered by the guaranty, is not, under the provisions of , so highly flammable as to be dangerous when worn by individuals”, added cl. (2), and redesignated former cl. (2) as (3).
Pub. L. 90–189Subsec. (b). substituted “product, fabric, or related material” for “wearing apparel or fabric” wherever appearing.
Statutory Notes and Related Subsidiaries
Transfer of Functions
section 2079 of this titleFunctions of Secretary of Health, Education, and Welfare, Secretary of Commerce, and Federal Trade Commission under this chapter transferred to Consumer Product Safety Commission, along with functions of Federal Trade Commission under Federal Trade Commission Act, to extent such functions relate to administration and enforcement of this chapter, see .